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HELGESON v. BUREAU OF INDIAN AFFAIRS

No. 97-35974.

153 F.3d 1000 (1998)

Kenneth HELGESON; Florence Helgeson, husband and wife; Gene Helgeson; Nancy Helgeson, husband and wife; Leon Helgeson, Plaintiffs-Appellants, v. BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR, United States of America, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1998.

Attorney(s) appearing for the Case

Robert M. Kampfer, Great Falls, Montana, for plaintiffs-appellants.

H. Thomas Byron III, United States Department of Justice, Washington, D.C., and Sherry Scheel Matteucci, United States Attorney, Billings, Montana, for defendant-appellee.

Before: PREGERSON, TASHIMA, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge:

This appeal challenges the denial of an Indian Revolving Fund loan application by the Bureau of Indian Affairs ("BIA"). The district court granted the BIA summary judgment, holding that its actions were not arbitrary, capricious or an abuse of discretion. We agree, albeit on a somewhat different ground.

I

Dora Helgeson, the eighty-year-old mother of Kenneth, Gene, and Leon Helgeson (the

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